Flashcards in Negligence: Defenses (Ch. 8) Deck (15):
if plaintiff contributes 1% to his own injury, can’t recover. (This won’t be covered in detail on the test.)
reduced by plaintiff’s contribution. This is the #1 Defense for Negligence
Assumption of Risk
voluntary undertaking of known danger.
Absolute defense derived from the defendant's status (gov't official) or relationship to the P (spouse).
Time at which a statute of limitaitons begins to run, usually at the time the P is injured
Act of a gov't employee requiring the use of judgment
Tasks typically performed by a governmental entity
Allows the P to recover in a contributory neg system despite the P's negligence
(if the D had a chance that is unavailable to the P to prevent harm that occurs and does not take advantage of it, the D will remain liable despite the P's contrib neg)
Function performed by the government that could just as easily be performed by a private entity
Statute of Limitations
Statute that limits the time period in which a claim can be filed.
Statute of Repose
Statue of Limitations in product liability causes that limits the time period during which a suit can be filed.
What defenses to Negligence result in P being barred from recovery?
Assumption of Risk (also reduced recovery)
Statutes of Limitations or Repose
What defenses to Negligence result in reduced recovery for P?
Assumption of Risk (could also bar recovery)
What are 3 problems related to Comparative Negligence?
-How is fault assigned, esp when multiple defendants?
-Is the last-clear-chance doctrine applicable?
-Should a neg P's recovery be reduced if the D was negligent per se?